By: Huffman  S.B. No. 2149          (In the Senate - Filed March 10, 2017; March 29, 2017, read   first time and referred to Committee on State Affairs;   May 11, 2017, reported favorably by the following vote:  Yeas 7,   Nays 0; May 11, 2017, sent to printer.)Click here to see the committee vote    A BILL TO BE ENTITLED   AN ACT     relating to early in-person voting by voters who reside at a   residential care facility.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 86.003, Election Code, is amended by   amending Subsections (a) and (b) and adding Subsection (e) to read   as follows:          (a)  The balloting materials for voting by mail shall be   provided to the voter by mail, unless the ballot is delivered to a   voter for early voting under Chapter 107. A ballot provided by any   other method may not be counted.          (b)  Subject to Subsection (c), the balloting materials   shall be addressed to the applicable address specified in the   voter's application.  The election officer providing the ballot may   not knowingly deliver [mail] the materials to an address other than   that prescribed by this section.          (e)  A voter who makes an application to vote early by mail on   the grounds of age or disability requesting that the ballot be sent   to the address of a residential care facility, as defined by Chapter   107, is required to vote as provided by that chapter if five or more   applications for ballots to be voted by mail are made by residents   of the same facility who request that the ballots be sent to that   facility.          SECTION 2.  Section 86.004, Election Code, is amended by   amending Subsection (a) and adding Subsection (c) to read as   follows:          (a)  Except as provided by Subsection (b) or (c), the   balloting materials for voting by mail shall be mailed to a voter   entitled to vote by mail not later than the seventh calendar day   after the later of the date the clerk accepts the voter's   application for a ballot to be voted by mail or the date the ballots   become available for mailing, except that if that mailing date is   earlier than the 45th day before election day, the balloting   materials shall be mailed not later than the 38th day before   election day.          (c)  An application to vote early by mail on the grounds of   age or disability requesting that the ballot be sent to the address   of a residential care facility, as defined by Chapter 107, shall be   held until the earlier of:                (1)  the date on which five or more applications for   ballots to be voted by mail made by residents of the same facility   who request that the ballots be sent to that facility have been   received, in which case ballots may not be mailed to the voters and   voting shall be conducted under Chapter 107; or                (2)  the last day on which an application for a ballot   to be voted by mail may be received, after which the ballot shall   promptly be mailed to the voter.          SECTION 3.  Subtitle B, Title 7, Election Code, is amended by   adding Chapter 107 to read as follows:   CHAPTER 107. EARLY VOTING AT A RESIDENTIAL CARE FACILITY          Sec. 107.001.  PURPOSE. This chapter is enacted to   facilitate voting in a hospital, nursing home, other long-term care   facility, or retirement center in which a significant number of   occupants, patients, or residents lack adequate transportation to   an appropriate polling place, need assistance in voting, are 65   years of age or older or are disabled, or are indefinitely confined.          Sec. 107.002.  DEFINITION. In this chapter, "residential   care facility" means a facility licensed and regulated under   Chapter 241, 242, 246, 247, or 248, Health and Safety Code, or   Chapter 105, Human Resources Code.          Sec. 107.003.  APPLICABILITY OF EARLY VOTING BY PERSONAL   APPEARANCE PROVISIONS. To the extent applicable and not in   conflict with this chapter, Chapter 85 applies to voting at a   residential care facility under this chapter.          Sec. 107.004.  EARLY VOTING AT RESIDENTIAL CARE FACILITY   REQUIRED. A voter residing in a residential care facility who has   applied to vote early by mail on the grounds of age or disability   and who requested that the ballot be sent to the address of the   facility, must vote as provided by this chapter if five or more   applications for ballots to be voted by mail were made by residents   of the same facility who requested that the ballots be sent to the   facility.          Sec. 107.005.  ELECTION JUDGES; QUALIFICATIONS; OATH.   (a)  Election judges shall be selected to serve at a residential   care facility in the same manner as election judges are selected to   serve at a polling place for early voting by personal appearance.          (b)  An election judge serving at a residential care facility   may be a volunteer, an employee of the authority conducting the   election, or compensated by the authority conducting the election   in the same manner as an election judge for a polling place for   early voting by personal appearance.          (c)  A person may not serve as an election judge for a   residential care facility if:                (1)  at any time during the two years preceding the   election, the person has been employed or retained at a residential   care facility in the county where the person seeks to serve as an   election judge; or                (2)  the person is related to a person within the second   degree by affinity or within the third degree by consanguinity, as   determined under Chapter 573, Government Code, who resides in a   residential care facility and is a registered voter.          (d)  Before beginning the duties of an election judge under   this chapter, each individual appointed to serve as an election   judge at a residential care facility shall sign and date this oath:          I swear (or affirm) that I will not in any manner request or   seek to persuade or induce any voter to vote for or against any   candidate or measure to be voted on, and that I will faithfully   perform my duty as an officer of the election and guard the purity   of the election.          I have read the statutes and training materials provided and   will conduct this election accordingly.          I understand that failing to follow procedures exactly may   result in invalidation of the voter's ballot.          I will not unduly influence or pressure a person to   participate or cast a ballot in the election.          I will not influence the choice of a voter to choose a   particular primary ballot, vote in a particular race or election,   or vote on a particular proposition.          Signed this ___ day of ____, 20__.          Date: ________________________          Sec. 107.006.  VOTING LOCATION. (a)  The administrator of   the residential care facility shall make available an area located   in a common area of the facility for the purposes of voting under   this chapter. The area shall allow a voter to cast a secret ballot.          (b)  The facility administrator shall allow posting of   required notices during the period that voting is conducted under   this chapter.          (c)  An election judge may enter the private room of a voter   who requests that balloting materials be brought to the voter.          Sec. 107.007.  NOTICE OF ELECTION IN RESIDENTIAL CARE   FACILITY; DETERMINATION OF TIME FOR VOTING. (a)  If early voting   at a residential care facility is required under this chapter, the   early voting clerk shall give notice that early voting will occur at   the facility and appoint election judges for the purpose of   conducting voting under this chapter.          (b)  Not later than 5 p.m. on the sixth business day before   election day, the election judges shall, with the input of the   administrator of the residential care facility, designate one or   more times for voting to be conducted. Voting may be conducted not   earlier than the fourth Monday before election day and not later   than the Monday preceding election day.          (c)  An election judge for a residential care facility shall   post notice of the time or times for conducting the election at the   facility as soon as practicable after determining the time and not   later than the fifth day before the first day on which voting will   be conducted at the facility.          (d)  The early voting clerk shall maintain a public list of   all residential care facilities in the clerk's jurisdiction at   which voting is conducted under this chapter. The list must be   available on the website of the authority conducting the election   or posted at the location where public notices are posted in the   county courthouse or authority public building, as applicable, and   for each facility state:                (1)  the name of the facility;                (2)  the address of the facility;                (3)  the dates and times for voting at the facility; and                (4)  the names of the election judges for the facility.          Sec. 107.008.  CONDUCT OF ELECTION. (a)  In an election   conducted under this chapter, the early voting clerk shall deliver   to the election judges for a residential care facility the   balloting materials for any qualified voters who have requested a   mail ballot for an election that would have been otherwise mailed to   the voter at the facility under Chapter 86.          (b)  The election judges for a residential care facility   shall deliver the balloting materials to the voter at the facility.          (c)  The voter shall mark and seal the ballot in the same   manner as a voter voting under Chapter 86.          (d)  Both election judges for the residential care facility   shall sign the carrier envelope as witnesses. In the space for the   address of the witness, each election judge shall write in   "Residential Care Facility Election Judge."          (e)  The election judges shall accept the carrier envelope   and place the envelope in a secure bag or ballot container for   transport to the early voting clerk's office.          (f)  Ballots voted at a residential care facility shall be   processed for counting in the manner provided by Chapter 86 for a   ballot voted by mail.          Sec. 107.009.  VOTING BY ADDITIONAL QUALIFIED VOTERS.   (a)  The early voting clerk shall produce a list of all additional   qualified voters who reside at a residential care facility where   voting is conducted under this chapter.          (b)  The clerk shall supply the election judges for the   residential care facility with sufficient additional ballots and   voting materials to allow any additional qualified voter who   resides at the facility to vote under this chapter. During the   voting period, any registered voter who resides at the facility may   complete an application to request a mail ballot as if they were   voting by mail. An election judge for the facility shall serve as a   witness for any person who is unable to sign their name and may   witness multiple applications.          (c)  An election judge for the residential care facility must   accept a properly completed application for a ballot made under   this section, and shall provide a ballot to the voter. The election   judge shall make a notation on an application that it was made under   this section.          (d)  A voter who applies for a ballot under this section   shall vote in the manner provided by Section 107.008, except that   the voter's ballot must be stored with the voter's application, and   the voter's ballot may not be counted if the voter was not a   qualified voter for the election as demonstrated from the   information contained in the voter's application.          Sec. 107.010.  RETENTION OF RECORDS. (a)  The election   judges for the residential care facility shall record the number of   ballots voted. Both of the election judges for each facility and   the early voting clerk shall sign and attest to the number of   ballots issued.          (b)  On completion of voting under this chapter, the election   judges must record the number of:                (1)  completed ballots;                (2)  spoiled ballots; and                (3)  unused returned ballots.          Sec. 107.011.  PROOF OF IDENTIFICATION PRESENTED AT   RESIDENTIAL CARE FACILITY. (a)  Notwithstanding Section 63.0101   or any other law, a voter voting under this chapter may submit a   statement as proof of identification signed by both election judges   for the residential care facility that:                (1)  contains the name and address of the voter; and                (2)  verifies that the voter is a resident of the   facility and appears on the list of registered voters.          (b)  The election judges shall enclose the statement in the   carrier envelope.          Sec. 107.012.  ASSISTING VOTER; NOTICE. (a)  On written   request to the early voting clerk by a relative of a registered   voter in a residential care facility, the clerk may notify the   relative of the time or times at which election judges will conduct   voting at the facility. The relative may be present at the facility   while voting is conducted.          (b)  On request of the voter, the following persons may   assist a voter in marking the voter's ballot:                (1)  an election judge; or                (2)  a person selected by the voter who is present for   voting conducted at the residential care facility.          (c)  An election judge shall seal a ballot if the voter   receives assistance from a person who is not an election judge.          Sec. 107.013.  SECURITY OF BALLOTS AND MATERIALS. (a)  On   completion of the voting each day on which voting is conducted at a   residential care facility under this chapter, the election judges   for the facility shall seal the ballot envelopes and any absentee   ballot applications inside a secure envelope and shall seal the   envelope and sign the seal.  The election judges shall place the   envelope inside a ballot bag or container.          (b)  As soon as possible after conducting voting at a   residential care facility, but not later than 18 hours after   leaving the facility, the election judges shall deliver the ballot   bag or container to the early voting clerk.          Sec. 107.014.  PROVISION OF MAIL BALLOT TO CERTAIN VOTERS.   If a qualified voter residing at a residential care facility and   seeking to vote at the facility under this chapter is not able to   cast a ballot during any time when voting is conducted at the   facility, the election judges for the facility shall inform the   early voting clerk. The clerk shall mail the ballot to the voter   not later than the fourth day before election day.          Sec. 107.015.  WATCHERS. (a)  In an election held under   this chapter, a watcher may observe the process of ballot   distribution in the common areas of a residential care facility in a   manner consistent with Chapter 33.          (b)  A political party entitled to have the names of its   nominees placed on the general election ballot may appoint a   watcher to accompany the election judges to a residential care   facility.          (c)  A political party seeking to appoint a watcher to serve   at a residential care facility shall submit the name of the watcher   to the county election officer of the county in which the facility   is located, not later than the close of business on the last   business day before the date the watcher seeks to observe the   conduct of the election under this chapter.          (d)  A watcher must present the watcher's certificate of   appointment to an election judge for the residential care facility   on arrival at the facility.          Sec. 107.016.  LIMITATIONS ON APPLICABILITY OF CHAPTER.   (a)  The early voting clerk is not required to send election judges   to conduct an election at a residential care facility unless there   are at least five registered voters who are residents of the   facility.          (b)  This chapter does not prevent a registered voter from:                (1)  voting early by personal appearance;                (2)  voting on election day; or                (3)  voting by mail from an address other than the   residential care facility, including from the address of a family   member designated under Section 84.002.          Sec. 107.017.  RULES. The secretary of state shall adopt   rules and prescribe procedures for voting at a residential care   facility in accordance with this chapter.          SECTION 4.  Subchapter A, Chapter 241, Health and Safety   Code, is amended by adding Section 241.0071 to read as follows:          Sec. 241.0071.  COMPLIANCE WITH CERTAIN REQUIREMENTS   REGARDING EARLY VOTING. A hospital must comply with Chapter 107,   Election Code.          SECTION 5.  Subchapter A, Chapter 242, Health and Safety   Code, is amended by adding Section 242.0181 to read as follows:          Sec. 242.0181.  COMPLIANCE WITH CERTAIN REQUIREMENTS   REGARDING EARLY VOTING. An institution must comply with Chapter   107, Election Code.          SECTION 6.  Subchapter A, Chapter 246, Health and Safety   Code, is amended by adding Section 246.0041 to read as follows:          Sec. 246.0041.  COMPLIANCE WITH CERTAIN REQUIREMENTS   REGARDING EARLY VOTING. A facility must comply with Chapter 107,   Election Code.          SECTION 7.  Subchapter A, Chapter 247, Health and Safety   Code, is amended by adding Section 247.008 to read as follows:          Sec. 247.008.  COMPLIANCE WITH CERTAIN REQUIREMENTS   REGARDING EARLY VOTING. An assisted living facility must comply   with Chapter 107, Election Code.          SECTION 8.  Subchapter A, Chapter 248, Health and Safety   Code, is amended by adding Section 248.004 to read as follows:          Sec. 248.004.  COMPLIANCE WITH CERTAIN REQUIREMENTS   REGARDING EARLY VOTING. A special care facility must comply with   Chapter 107, Election Code.          SECTION 9.  Chapter 105, Human Resources Code, is amended by   adding Section 105.004 to read as follows:          Sec. 105.004.  COMPLIANCE WITH CERTAIN REQUIREMENTS   REGARDING EARLY VOTING. An establishment must comply with Chapter   107, Election Code.          SECTION 10.  Sections 241.0071, 242.0181, 247.008, and   248.004, Health and Safety Code, as added by this Act, apply only to   a license issued or renewed on or after the effective date of this   Act. A license issued or renewed before that date is governed by   the law in effect on the date the license was issued or renewed, and   the former law is continued in effect for that purpose.          SECTION 11.  This Act takes effect September 1, 2017.     * * * * *